Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-04-16
THE PETITION DENIED.
NO Habeas Corpus Writ for
Collector Murphy.
ne Appears Before Judge Webb a,
Portland.
His Frespes, a. . Witn...

mRN
mere were more interesting DEVELOPMENT.
yesterday. in the now famous case of D.,.
"o'iector Thomas F. Murphy, who. on We'd.
ne'uAy' refused to testify in the Super,o,
oouf' relative to the payment of a specia,
United States special liquor tax. and thov
were decidedly unfavorable for Mr. Murnhn
yesterday he went to Portland on the fora.
noon train and appeared in the United State,
District Court as an applicant for a vri. q,
haoeas corpus that he might be taken befo,o
the United States court and DISCHARGED
Thursday afternoon District ATTORNEY Bird
presented Judge Webb Mr.. Muryhy's net;
ton, which was as follows:
STATE oFMAINE.
Dissrict " Coapt aa ts wseb Judge Of the u
ne pectfully represents Thomas F. Murnhx q,
n;s county Of kennesec. and State Of Main.
for ,ho states deputy Collector Of Internal Revenue
~ .Ie seoon1 division OF the District of Maine
mat ne is now unlawfully restrained Of hi. 1ihar,
o oy Cnarles 4. McFadden, sheriff in and for ths
cUsto9v S Se nenneoec at said Augusta in whose
usso1y ne, your petitioner nov Is, but not in iail
~ ofder OF the Honorable William P. Whitehon az
ousce OF the Superior Court in and for laid connt
restraint OF liberty Is as follows. viz pe''ioner
mat oy order of said court your petitioner -.
oroered to appear In said court Ga the thirteenth Ss
and to HIN - issl and remain unt discharged,
sppcation of. or record of the payment of United
ses.;n special tax as retail liquor dealer in his pos
Sad Ss or under his CONTROL by Reuben C. Hail. Who
Ior violation Of the prohibitory laws Of Maine.
n "ar petioner personally appeared In said court
aa vas o9iy sworn to give testimony in said case
~ reused to produce certified copy of tho record
OF tne payment OF specia! tax by said Hall, and To
sesIy mat he had received twenty Eve dollars from
au. nxl. ana gave him receipt therefore in pay
nent OF such special tax. His reasons for 90 re-
using ne stated distinctly to said court as follows
mat 10 40 so would be against public policy: thai
t as an omcer OF the general government having
taken solemn oath to protect It's interests, he did
n9t regard justified in doing or saying that
when might tend 10 reduce injure the collection
G revenue taxes In the territory which
ne hss charge; that his instructions, as he under.
$1,000 mem, warranted him Ia declining to produce
IN SAID court documentary other evidence ned
WINE IN the performance of official duties. which
might De used against any person sought to be
prosecuted under the prohibitory laws of Maine
therefore he respectfully and conscientiously te.
clneo to furnish the documents called fer.
wherefore your petitioner makes this, his apollca
tion, mat writ OF habeas corpus may be issued out
OF this court, and that he y be taken before this
court and hence discharged.
subscribed and sworn to by the said Thomas r.
1887. r. W RI'.CK
Justice of the Pease.
In presenting the petition Mr.. Bird quoted
the United States revised statutes relating t.
habeas orpus writs. The hearing was ad
Journed until yesterday morning at 10 o'clock
At that hour the court came in. District At
torney Bird stated to the judge that he had
received telegram from Mr. Murphy stat
ing that he would start from Augusta on the
morning train and be in Portland at one
o'clock. Mr., Bird asked for postponmen,
IN order to give him an opportunity to con.
suit with Mr.. Murphy. Judge Webb asked
and was informed by Mr.. Bird that he was il
custody. The judge then deferred the cas-
until O'clock yesterday afternoon.
When 3 o'clock arrived Mr.. Murphy wa,
present in court. District Attorney Birt
briefly set out the grounds on which the petit
toner asks for writ of habeas corpus.
Judge Webb in giving his decision referred
to section 755 U. S. Revised Statutes, which
provides that a judge to whom application
for writ of habeas corpus is made shall
award it unless it appears from the petition
itself that he is not entitled to it.
Judge Webb said thaG in this case the petit
ton shows that Mr.. Murphy is not eutitled to
a writ of habeas corpus and he should there
fore deny the petition.
A.
Court was claimed by the District Attorney,
but at last accounts it had not been allowed,
and it is doubtful if it will be. Having Civ.
en- this ruling as matter of discretion it is
not believed on appeal will lie.
Mr.. Murphy, who went to Portland in
company with Mr.. Black, returned to Angus
ia on the evening train and again entered in
to the custody of the sheriff This forenoon
be will again appear in the Superior Court
and there were reasons last evening for be
lieving that his counsel did not place much
conff1 ence IN the appeal and would this
morning motion that the form of the papers
be changed so as to carry the case into the
United States Circuit Court. Should the
motion be granted the case would be taken
out of the Superior Court and it would not
be finally decided, perhaps, for year OF
more. The motion will undoubtedly be de-
MED. 1t is not probable that Mr.. Murphy
will be ordered to Jail today, but on Monday
will be again required to testify in the case
of State vs. Hall, when, if he continues his
refusal to give testimony, the mlttimus Will
be enforced.
Mr.. Murphy says he shall not apply to any
of the Judges of the State courts for writ OF
habeas corpus.
In State court, as understood by US, al
TOR petition for a writ of habeas corpus has
been denied, there is no further recourse fol-
the petitioner unless a question of law is
raised.
Mr.. Murphy said last evening that he should
not testify and supposed he should have to
go to Jail
Commissioner miller Talks.
The following Associated Press dispatch
was received last night
Tn relation to the reported conflict in Maine
hetween the State and the United States au
tborities respecting the authority of the State
oomnal the production of the records